High Court Kerala High Court

Mr.Shirish D.Lilladhar vs The Commercial Tax Inspector on 2 August, 2010

Kerala High Court
Mr.Shirish D.Lilladhar vs The Commercial Tax Inspector on 2 August, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 24114 of 2010(L)


1. MR.SHIRISH D.LILLADHAR,
                      ...  Petitioner

                        Vs



1. THE COMMERCIAL TAX INSPECTOR,
                       ...       Respondent

                For Petitioner  :SRI.PREMJIT NAGENDRAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice P.N.RAVINDRAN

 Dated :02/08/2010

 O R D E R
                      P.N.RAVINDRAN, J.
                 --------------------------------------
                 W.P.(C) No.24114 OF 2010
                 --------------------------------------
           Dated this the 2nd day of August, 2010

                        J U D G M E N T

~~~~~~~~~~~

The petitioner a dealer registered under the Kerala Value

Added Tax Act, 2003, purchased six rolls of H.D.P.E. Laminated

Fabrics valued at Rs.76,225/- from Ahmedabad. The said goods

were transported by truck from Ahemmadabad to Aleppey and

enroute, the goods were detained at Mangeswar Check Post on

the short ground that the TIN Number of the petitioner was

shown as 302040214075 instead of 32040214075 in Ext.P2

invoice. Thereupon, Ext.P4 notice was issued under section

47(2) of the Kerala Value Added Tax Act, 2003, alleging that

the error in the TIN Number noticed in the invoice is suspicious

and therefore, the genuineness of the documents produced for

the transport and attempt to evade payment of tax are

suspected. By that notice, the petitioner was directed to show

cause against the proposed detention of the goods or to remit

the sum of Rs.8078/- in lieu of detention of the goods and the

vehicle. The petitioner, thereupon, submitted Ext.P5

representation before the Commercial Tax Inspector,

W.P.(C) No.24114/2010 2

Manjeswar expressing willingness to pay the sum of Rs.8,078/-

demanded in Ext.P4 as advance tax and seeking release the

goods against such payment. It is stated that the said officer

refused to accept the original of Ext.P4 expressing inability to

receive the amount demanded in Ext.P4 as advance tax. This writ

petition was thereupon filed challenging Ext.P4 and seeking the

following relief.

“a) Issue a writ of certiorari or other
appropriate writ, direction or order calling for
the records leading to Ext.P4 issued by the
respondent and quashing the same.”

2. I have heard Sri.Premjit Nagendran, learned counsel

appearing for the petitioner and Sri.C.K.Govindan, learned

Government Pleader appearing for the respondent. I have also

going through the pleadings and the materials on record. The

only reason stated in Ext.P4 for issuing such a notice is the

mistake in the TIN No. of the petitioner in Ext.P2 invoice.

Instead of 32040214075, the TIN No. was wrongly shown as

302040214075. The error is regarding the 2nd and 3rd digits. It

is for this reason that the respondent doubts the genuineness of

the transaction and also an attempt to evade payment of tax. The

W.P.(C) No.24114/2010 3

tax leviable on the aforesaid goods is only Rs.4,039/-. However,

by Ext.P4 the petitioner was called upon to remit Rs.8,078/- being

twice the amount of the tax as a condition for release of the

goods, failing which the petitioner was required to show cause

against the detention of the goods and the vehicle.

3. In my opinion, as the petitioner is admittedly a

registered dealer and the name of the petitioner appears in

Ext.P2 invoice without any mistake and the only error pointed out

is the mistake in the 2nd and 3rd digits of the TIN No. which were

given in the reverse order, the respondent should have permitted

the petitioner to clear the goods upon payment of the sum of

Rs.8,078/- as advance tax. Such payment would not have disabled

the department from finalising the proceedings initiated against

the petitioner under Section 47 of the Kerala Value Added Tax

Act. On the other hand, even if the final orders were to be

adverse to the petitioner, the payment having been made, the

interests of the revenue would not have bee prejudiced. I

accordingly dispose of the Writ Petition with the following

directions:

W.P.(C) No.24114/2010 4

The respondent shall, on the petitioner remitting the sum of

Rs.8,078/- demanded in Ext.P4 as advance tax with the

Commercial Tax Officer having jurisdiction over the petitioner

and producing proof of such payment, release the goods

described in Ext.P4 to the petitioner. The goods shall be released

on the day the petitioner produces the proof of such payment.

The respondent or the competent officer of the Commercial Taxes

Department shall pass final orders pursuant to Ext.P4 notice,

expeditiously and in any event, within one month from the date of

said release of the goods, after affording the petitioner a

reasonable opportunity of being heard. It is clarified that the

release of the goods and acceptance of the sum of Rs.8,078/- from

the petitioner by way of advance tax will not disable the

department from finalising the proceedings initiated under

Ext.P4. The contentions of both sides on the merits are kept open.

(P.N.RAVINDRAN, JUDGE)

ps